General Terms and Conditions for Purchases in the Online Shop under David Altrath Photography
§ 1 General, scope of the GTCs
1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the order.
1.2 The contracting party is David Altrath Photography, Dennerstraße 1 – 22307 Hamburg – Germany, David Altrath (hereinafter “Seller”).
1.3 The customer within the meaning of these terms and conditions may be a consumer (hereinafter referred to as the “customer”). Consumers within the meaning of the Terms and Conditions are natural persons who conclude contracts for a purpose that can predominantly be attributed neither to their commercial nor to their professional activity.
§ 2 Conclusion of the contract, conclusion of the contract
2.1 Our offer is binding. With your order, you accept our offer to conclude a contract. The contract is concluded when your order is sent to us. You will receive an order confirmation by e-mail.
2.1 The offers and article presentations do not constitute a binding offer. Only your order is a binding offer according to § 145 of the German Civil Code (BGB), which we can accept. After sending the order, we will first send you an order receipt confirmation by e-mail. If we accept your order, you will receive an order confirmation by e-mail within 3 working days of receipt of your order, with which the contract is concluded.
2.2 Once you have found the product you want, you can take a closer look at it without obligation by clicking on the product name or the product image. By clicking on the button [Add to shopping cart] you can place the item in the shopping cart. You can view the contents of the shopping basket without obligation at any time by clicking on the [Shopping Basket] button. You can remove or change the products from the shopping basket by clicking on the [Change] and [Delete] graphics. If you want to buy the products in the shopping basket, click on the [Checkout] button on the “Shopping Basket” page.
In the course of the further ordering process, you set up a customer account with us for your first purchase and select the shipping method and the payment method. In the last step, you will receive an overview of your order data under “Order information” and can check all details again and delete or change them under [correct]. You can also correct input errors by navigating backwards in the browser or by cancelling the order process and starting again. To complete the purchase, you must accept our General Terms and Conditions and press the [Buy] button. This will send the order to us.
§ 3 Storage of the contract text
We store your order, the order data entered and the entire text of the contract. We will send you an order receipt confirmation and subsequently an order confirmation by e-mail. OR an order receipt and order confirmation with all order data and the entire contract text.
§ 4 Right of withdrawal for consumers
4.1 If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
4.2 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods (or the last goods, part consignment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several part consignments or pieces) without giving reasons. To exercise your right of withdrawal, you must send us:
David Altrath Photography
Phone: +49 17643992357
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the model cancellation form on our website or send us another clear declaration. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period and that you have returned the goods via our online return center within the period defined below.
4.3 Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods without delay, and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract to
David Altrath Photography
Phone: +49 17643992357
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods.
4.4 Exceptions to the right of withdrawal
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
– for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
– for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
– for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
– for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
– in the case of services, if David Altrath has provided them in full, and you have noted and expressly agreed before placing the order that we may start providing the service, and you lose your right of withdrawal on full performance of the contract;
§ 5 Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To David Altrath Photography, Dennerstraße 1 – 22307 Hamburg – Germany, David Altrath
I/we (*) hereby revoke the contract concluded by me/us (*) concerning the purchase of
of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
§ 6 Prices and shipping costs
6.1 Our prices are shown without value added tax, as use is made of the small business regulation in accordance with §19 (1) UstG (German Value Added Tax Act) and are exclusive of a flat-rate shipping charge and a shipping cost surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the article.
6.2 Despite our best efforts, a small number of products in our catalog may be marked with the wrong price. We check prices when we process your order, and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask if you wish to purchase the product at the correct price or cancel the order. If the correct price of a Product is lower than the price we have quoted, we will charge the lower amount and send the Product to you.
6.3 The prices at the time of the order will apply. If list prices should be available, the prices of the list price valid at the time of the order shall apply.
We deliver with DHL, UPS etc. or another provider of our choice.
§ 7 Terms of delivery
7.1 We deliver exclusively to the following countries: Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom (UK), United States (US).
7.2 The Goods will be delivered within 14 working days of unless otherwise stated in the quotation.
7.3 Unless otherwise agreed, delivery will be made to the delivery address provided by the Customer. On the website you will find information on the availability of products sold by David Altrath (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is merely anticipated information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options of the respective product.
7.4 If David Altrath discovers during the processing of your order that products ordered by you are not available, you will be informed of this separately by e-mail or by message in your customer account. The legal claims of the customer remain unaffected.
7.5 If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase, or because the customer cannot be found at the delivery address provided by him, although the customer was given reasonable notice of the delivery date, the customer shall bear the costs for the unsuccessful delivery.
7.6 Delivery shall be made according to the customer's method of payment. In the case of payment in advance, delivery shall be made after the payment order has been issued to the remitting credit institution. In the case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery shall take place after conclusion of the contract.
7.7 If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract will be concluded between us in respect of each shipping confirmation for the products listed in the respective shipping confirmation. The contracting party is David Altrath Photography. Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time before we send you the relevant Dispatch Confirmation.
§ 8 Customs
8.1 If you order products from David Altrath for delivery outside the European Union, you may be subject to import duties and taxes which will be levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary widely from country to country, so you should contact your local customs authority for more information.
8.2 Furthermore, please note that when you place orders with David Altrath, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.
§ 9 Terms of payment
9.1 The customer may pay for the goods by the following methods of payment:
– Credit card
– instant bank transfer (Klarna)
– Apple Pay
– Google Pay
9.2 Certain payment methods may be excluded by the Supplier in individual cases.
9.3 The Customer is not permitted to pay for the goods by sending cash or cheques.
9.4 Should the Purchaser choose an online payment method, the Purchaser thereby authorises the Supplier to collect the amounts due at the time of the order.
9.5 If the Supplier offers payment in advance and the Purchaser chooses this payment method, the Purchaser shall transfer the invoice amount to the Supplier's account within five calendar days of receipt of the order. The supplier shall reserve the goods for five calendar days. calendar days.
9.6 If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorises the Supplier to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.
9.7 If the Supplier offers payment by direct debit and the Customer chooses this method of payment, the Customer shall grant the Supplier a SEPA basic mandate. If, in the case of payment by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer shall bear the costs.
9.8 If the Supplier offers payment in advance and the Customer chooses this method of payment, the Customer undertakes to pay the invoice amount within 14 days of the dispatch of the goods without any deduction of discount.
9.9 If the customer defaults on payment, the supplier reserves the right to claim damages for default.
§ 9 Warranty
If you are a consumer, the warranty is provided in accordance with the statutory provisions.
§ 10 Limitation of Liability (Products)
10.1 The Provider shall be liable for claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on its intentional or grossly negligent breach of duty, or that of one of the Provider's legal representatives or vicarious agents.
10.2 Essential contractual obligations are obligations the fulfilment of which is necessary to achieve the objective of the contract.
10.3 The Provider shall be liable for breaches of material contractual obligations based on foreseeable damage typical for the contract, provided that the damage was caused by simple negligence. This limitation shall not apply to claims for damages of the Purchaser based on injury to life, body or health.
10.4 The provisions of the Product Liability Act remain unaffected. Insofar as the liability of David Altrath is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 11 Data protection
11.1 If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
11.2 We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. Our liability in this respect is excluded.
11.3 Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
11.4 You have the right at any time to obtain from David Altrath complete and free information about the data relating to you.
11.5 Furthermore, the user has the right to correct/delete data/restrict processing.
11.6 Further information on data protection can be found in the separate data protection declaration.
§ 12 Cookies
12.4 We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognise your computer system on your next visit (so-called permanent cookies).
12.5 You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.
12.6 You can, of course, set your browser so that no cookies are stored on your hard drive or so that cookies that have already been stored are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer. software manufacturer.
§ 13 Miscellaneous
13.1 The contract language is English.
13.2 We do not offer any Products or Services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use David Altrath only with the involvement of a parent or guardian.
13.3 If you breach these T&Cs and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Sale.
13.4 We reserve the right to make changes to our website, policies, terms and conditions including these T&Cs at any time. Your order will be subject to the terms of sale, terms of agreement and terms and conditions in force at the time you place your order, unless a change to these terms is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
The invalidity of any provision shall not affect the validity of the other provisions under the contract. Should this occur, the provision shall be replaced according to its meaning and purpose by another legally permissible provision which corresponds to the meaning and purpose of the invalid provision.
The European Commission provides a platform for online dispute resolution (OS). This can be reached via the following internet address: https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure of the consumer arbitration boards.